Consumer

Ceri Morgan analyses the response to lender liability in motor finance broker commission cases

FirstRand, a hotly-anticipated Supreme Court judgment likely to arrive in July, could have far-reaching implications for the motor finance and wider financial services industries. In this week’s NLJ, Ceri Morgan, membership secretary of the London Solicitors Litigation Association, and knowledge counsel at Herbert Smith Freehills, explores the fiduciary duties involved, the key questions that will need to be answered by the Supreme Court, and the impact on the motor finance market

In the first part of a new series, Harry Lambert puts social media firms under the spotlight, asking: to what extent are they liable for harm?

Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman

How close is too close? Intellectual property barrister Professor Mark Engelman, 4-5 Gray’s Inn, considers the concept of trade mark dilution, in this week’s NLJ.

The Johnson v FirstRand Bank case on ‘secret’ commissions for motor finance is causing quite a stir, but should it have been brought at all? In this week’s NLJ, Fred Philpott, Gough Square Chambers, writes: ‘The whole premise of the case is false; there were no real “commissions”, let alone fiduciary relationships.’

The Supreme Court case on motor finance commissions is based upon a simple economic falsity, argues Fred Philpott

Johnson v FirstRand sent ‘shockwaves through the financial services industry’, write Eddie Flanagan, partner and specialist in asset and debt recovery, and Harpreet Sandhu, Chartered Legal Executive at Shakespeare Martineau, in this week’s NLJ. They discuss the case and its astonishing implications. For example, Santander UK revealed in November that it has set aside £295m for potential compensation.

With shockwaves from the motor finance commissions case continuing to reverberate, Eddie Flanagan & Harpreet Sandhu explain why it is time for the financial services sector to reflect on compliance & customer trust

The Financial Conduct Authority (FCA) has said it will consult on an industry-wide redress scheme if consumers have lost out due to secret commissions on motor finance.